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Privacy Policy and Terms & Conditions

Effective from May 31, 2017

This Privacy Policy (the “Policy”) is applicable to the website located at www.kindnesscard.com (together with all microsites or subdomains hosted thereunder, the “Site”), which is operated by Havas New York, Inc. (“Havas New York”) on behalf of the sponsor of the Kindness Card Experiment (together with Havas New York, the “Sponsor”). You are advised to consult the “Privacy” link on the Site each time you visit the Site. Your visit to the Site is subject to this Policy and our Terms of Use. Your continued use of the Site constitutes your agreement to this Policy, as it may be amended from time to time. If you do not agree with this Policy, you should not use the Site, and you agree that your sole and exclusive remedy is to discontinue using the Site.

Information We Collect.

We may collect your personal information when you submit it to the Site and/or authorize third party websites to share it with the Sponsor. In order to activate a Kindness Card, you will be required to submit your name and email address to the Site or allow the Sponsor to collect certain personal information from your Facebook profile, subject to Facebook’s policies. Additionally, when you activate a Kindness Card, you will be asked, but will not be required, to provide information about why, how and where you received the Kindness Card (your “Kindness Story”). If you provide your Kindness Story, you grant the Sponsor a non-exclusive, worldwide, transferable and sublicensable right to use, copy, modify, distribute, publish, and process the Kindness Story and any other information and content that you provide through the Site, without any further consent, notice and/or compensation to you. You also grant other users of the Site a non-exclusive, worldwide, non-transferable and non-sublicensable right to share your Kindness Story on other social media websites for their personal, non-commercial use only. You agree that the Sponsor may, but is not required to, use your Kindness Story. Kindness Stories submitted to the Site may be published on the Site and may be published in other social media websites of other Site users along with your name and Facebook profile picture, unless you select the option to have your name and profile picture hidden. Personal information collected by the Sponsor may be used to facilitate your activation of a Kindness Card, to publicly share Kindness Stories, and to contact you (subject to your right to opt out of communications at any time).

Cookies; Tracking Mechanisms.

Sometimes we collect information about you without your submitting it. For example, the Sponsor may use cookies to prepopulate or auto-populate forms. Cookies are small text files that may be placed on your browser when you visit the Site. These cookies help the Sponsor improve functionality of the Site and provide a seamless experience for users.
The Site uses Google Analytics to collect information about your use of the Site. Google Analytics collects information such as how often users visit the Site, what pages users visit, and what other sites they visited prior to or after coming to the Site. More information on how Google Analytics uses your data can be found at www.google.com/policies/privacy/partners/. We use the information we get from Google Analytics only to improve the Site. By using the Site with your browser set to accepting cookies, you consent to our and Google Analytics’ use of cookies on the Site.

You may at any time delete or prevent the use of cookies by using the relevant option of your Internet or mobile browser or by deleting the cookies on your hard drive or mobile device.
Using the settings of your Internet or mobile browser, you can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. Consult your browser Help menu or the vendor documentation for your specific software to learn the correct way to modify your cookies. If you choose to turn off cookies, you may not have access to many features that make your browsing of our Site simpler, and some of our services may not function properly. If you continue to use our Site without changing your settings, you consent to our use of cookies and other tracking tools on the Site.

The Sponsor may also track open rates, click-throughs and the IP address of Site users to measure the effectiveness of the Kindness Card Experiment and discourage fraudulent uses.
If you do not want us to collect information about your geographic location, you must disable the technology that transmits this information.

Sharing of Your Information.

The Sponsor does not sell, rent or exchange any information that you provide or it collects through the Site. The Sponsor does not disclose your information, other than your Kindness Story accompanied by your name and Facebook profile picture (unless you select the option to have your name and picture hidden), which may be publicly posted on the Site and shared on third party social media websites by users of the Site, to any third parties, except (i) as required by law or requested by governmental or law enforcement authorities, subpoena, court order or discovery request, or (ii) when we otherwise believe in good faith that such disclosure is appropriate to enforce this Policy or our Terms of Use or in connection with any activity that may violate the law or the rights of others, threaten the safety or security of any person or property (including the Site) or expose the Sponsor to liability.

Protection of Information

We endeavor to protect your personal information. We use technical, administrative and physical methods to maintain the integrity and security of our databases, including firewalls. Please be aware that there is no such thing as “perfect security” on the Internet, and third parties may unlawfully intercept or access transmissions or private communications, electronic mail and other transmissions to and from the Site or made via the Site may not be secure and your information may be disclosed. There is no guarantee that information may not be accessed, disclosed, altered or destroyed by breach of any of our technical, administrative or physical safeguards.

Other Websites.

This Policy applies only to the Site. If you visit any unaffiliated website linked to the Site (for example, Facebook, Twitter or other social media websites), you are subject to that website’s own privacy policies, which we do not control or monitor. You should review the privacy policies of all third party websites before you visit them. The Sponsor makes no representations or warranties as to the privacy practices, functioning or content of any websites linked to this Site.

International Use.

This Policy is intended to meet the laws and regulations of the United States, and despite the global nature of the Internet, the Sponsor makes no claims that the Site is appropriate or may be viewed or used outside the United States. Furthermore, our databases are located in the United States. By sending us your information, you consent to its transfer to and storage within the United States. Irrespective of the country in which you reside or from which you access the Site, you authorize the Sponsor to use your information in the United States and any other country where the Sponsor operates. Access to the Site from countries or territories where such access is illegal or contrary to applicable rules or regulations is prohibited. Those who access the Site from outside the United States do so on their own initiative and are responsible for compliance with local laws, rules and regulations.

Children’s Privacy.

The Site is not targeted toward, and we do not seek or desire to collect information from, children under the age of 13. Therefore, we will not knowingly request information from persons under such age. Please do not provide any personal information to us for any reason unless you are at least 13 years of age, and please caution your children not to do so. If we become aware that we have collected any personal information from children under 13, we will promptly use commercially reasonable efforts to delete such information from our databases. Consistent with the Children’s Online Privacy Protection Act, if a child under 13 has provided personal information to us through the Site without verifiable parental consent, a parent or guardian may inform us at info@kindnesscard.com, and we will use commercially reasonable efforts to delete such information, subject to applicable law and this Policy.

California “Do Not Track”.

The Sponsor does not track its users over time and across third party websites to provide targeted advertising and therefore does not respond to Do Not Track (DNT) signals. However, some third party sites do keep track of your browsing activities when they serve you content, which enables them to tailor what they present to you. If you are visiting such sites, certain web browsers allow you to set the DNT signal on your browser so that third parties (particularly advertisers) know that you do not want to be tracked. You should consult your web browser’s “help” feature for instructions on how to set the DNT signal.

Third parties that have content embedded on the Site such as a social feature or a stock ticker may set cookies on a user’s browser and/or obtain information about the fact that a web browser visited the Site from a certain IP address. The Sponsor does not control or monitor such practices. You should contact such third parties directly to opt out.

California’s Shine the Light Law

California Civil Code Section 1798.83, known as the “Shine The Light” law, permits our users who are California residents to request and obtain from us a list of what personal information (if any) we disclosed to third parties for direct marketing purposes in the preceding calendar year and the names and addresses of those third parties. Requests may be made only once a year and are free of charge. Under Section 1798.83, we currently do not share any personal information with third parties for their direct marketing purposes.

Limitation of Liability and Disclaimers

IN NO EVENT SHALL THE SPONSOR, ITS AFFILIATES OR THEIR RELATED PERSONS (AS DEFINED BELOW) BE LIABLE TO ANY PARTY FOR ANY CLAIMS, LIABILITIES, LOSSES, COSTS OR DAMAGES, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (“DAMAGES”) ARISING OUT OF OR IN CONNECTION WITH ANY ACCESS, USE (OR INABILITY TO USE) OR DISTRIBUTION OF THE SITE, INCLUDING DAMAGES CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF OR USE OF ANY ASSET, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION, OR ANY CONTENT OBTAINED THROUGH USE OF THE SITE. THIS IS TRUE EVEN IF THE SPONSOR, ITS AFFILIATES OR THEIR RELATED PERSONS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

The Sponsor, its affiliates and their respective officers, directors, managers, partners, members, shareholders, employees, affiliates and agents (collectively “Related Persons”) make no representations or warranties and specifically disclaim any and all warranties of any kind, express or implied, with respect to the Site, including any representations or warranties with respect to merchantability, fitness for a particular purpose, title, non-infringement, availability, security, accuracy, freedom from viruses or malware, completeness, timeliness, functionality, reliability, sequencing or speed of delivery.

While we use reasonable efforts to obtain information from reliable sources, the Sponsor does not warrant that the information in this Site is accurate, reliable, complete or correct, or that this Site will be available at any particular time or location. Such information or materials are provided “as is” and “as available”.

Notice Procedures.

Please send all Privacy Policy-related communications to privacy@kindnesscard.com. To the fullest extent permitted by law, you agree to receive all legally required notices regarding this Policy or any privacy or security breaches relating to the Site at the email address you use to contact the Site.

Governing Law/Venue.

You agree that this Policy and your use of this Site shall be governed in all respects by the laws of the State of New York. Any dispute relating to this Policy and your use of this Site shall be resolved solely in the state or federal courts located in Manhattan, New York. You consent and submit to the personal jurisdiction of such courts for the purposes of any such dispute, controversy or claim and agree to waive trial by jury in any such dispute. If any provision of this Privacy Policy is held to be unenforceable, such provision will be reformed only to the extent necessary to make it enforceable.

Terms of Use

Effective from May 31, 2017

The Terms of Use below (“Terms of Use”) are applicable to the website located at www.kindnesscard.com (together with all microsites or subdomains hosted thereunder, the “Site”), which is operated by Havas New York, Inc. (“Havas New York”) on behalf of the sponsor of the Kindness Card Experiment (together with Havas New York, the “Sponsor”). Please read the Terms of Use carefully as they are an agreement between the Sponsor and each user of the Site (“you”) and will govern your use of the Site. Your visit to the Site is subject to these Terms of Use and our Privacy Policy. By accessing the Site you acknowledge and accept the Terms of Use. The Sponsor reserves the right, in its sole discretion, to amend the Terms of Use at any time, with such amendments to become effective immediately upon posting to the Site. Each time you return to the Site, you are bound by the then-current version of these Terms of Use, and your continued use of the Site after any such amendment shall constitute your acceptance of these Terms of Use as amended.

IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE THIS SITE, AND YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

If you have any questions or issues with respect to these Terms of Use (other than complaints of copyright infringement), please contact us at: terms@kindnesscard.com. For complaints of copyright infringement occurring on the Site, please see our “Copyright” section below.

Site Content.

The Site contains a variety of information, including text, photos, images, and other content (collectively, “Content”) and all trademarks, logos, copyrights and other intellectual property, which are owned by the Sponsor or its respective licensor. The Sponsor grants you a personal, limited, revocable, non-exclusive, non-transferable, non-sublicensable license to view, store, bookmark, download and make limited copies of relevant Content, solely for your internal, personal, non-commercial use, but you may not reproduce, sell, publish, distribute, modify, display, perform, re-post, transmit, or otherwise use any portion of the Content in any other way or for any other purpose without the prior written consent of the Sponsor or its respective owner, as applicable, except that you may share any Kindness Story (as defined in the Site’s Privacy Policy) published on the Site through any third party social media site for your personal, non commercial use only. Furthermore, you may not use any trademarks, service marks or copyrighted materials appearing on the Site, including but not limited to any logos or characters, without the express prior written consent of the owner of the same.

Prohibited Activities.

In connection with your use of the Site, you agree that you will not:

do anything to disable or overburden the Site or impair its function, transmit any virus, worm, time bomb or similar system interference or corruptant through the Site, or restrict or inhibit others from using the Site;

use automated means to access the Site or delete, decompile, reverse engineer, disassemble or otherwise deconstruct all or any portion of the Site;

alter or modify the Content;

forward the Content as a mass distribution or otherwise send spam or other unauthorized advertisements or solicitations through the Site;

post the Content on another website (including social media sites), or otherwise copy (except as permitted in Section 2), distribute or modify any portion of the Site, except as specifically permitted by these Terms of Use or the Site’s Privacy Policy;

remove or obscure any copyright or trademark notice or other notices or legends featured on the Content;

solicit private information from users of the Site or attempt to violate the security of this Site to use or gain access to the information or computers of others through this Site;

use this Site in violation of any law, regulation, rule or the intellectual property or contractual rights of others, or in any manner that could expose the Sponsor or users of the Site to harm or liability;

frame this Site within your own or “deep link” to any pages of the Site so as to create the impression that the Content on such pages is your own;

imply or suggest that the Sponsor has endorsed or is affiliated with you or any other party or website (including social media sites); or

xi. attempt or assist anyone else to do any of the foregoing.

The Sponsor may investigate any complaint regarding or suspected violation of the Terms of Use, and may report any activity relating to this Site to law enforcement officials or other persons or entities it deems appropriate. If you violate the Terms of Use, including by engaging in any of the foregoing prohibited activities, your permission to use the Site immediately terminates without the necessity of any notice. You acknowledge and agree that you will be liable for all costs (including reasonable attorneys’ fees and costs) incurred by the Sponsor in connection with its enforcement of the Terms of Use against any violation thereof by you or others at your direction.

Other Websites.

These Terms of Use apply only to the Site. If you visit any unaffiliated website linked to the Site (for example, Facebook, Twitter or other social media websites), you are subject to that website’s own privacy policies, which we do not control or monitor. You should review the privacy policies of all third party websites before you visit them. The Sponsor makes no representations or warranties as to the privacy practices, functioning or content of any websites linked to this Site.

International Use.

These Terms of Use are intended to meet the laws and regulations of the United States, and despite the global nature of the Internet, the Sponsor makes no claims that the Site is appropriate or may be viewed or used outside the United States. Furthermore, our databases are located in the United States. By sending us your information, you consent to its transfer to and storage within the United States. Irrespective of the country in which you reside or from which you access the Site, you authorize the Sponsor to use your information in the United States and any other country where the Sponsor operates. Access to the Site from countries or territories where such access is illegal or contrary to applicable rules or regulations is prohibited. Those who access the Site from outside the United States do so on their own initiative and are responsible for compliance with local laws, rules and regulations.

Limitation of Liability and Disclaimers.

IN NO EVENT SHALL THE SPONSOR, ITS AFFILIATES OR THEIR RELATED PERSONS (AS DEFINED BELOW) BE LIABLE TO ANY PARTY FOR ANY CLAIMS, LIABILITIES, LOSSES, COSTS OR DAMAGES, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (“DAMAGES”) ARISING OUT OF OR IN CONNECTION WITH ANY ACCESS, USE (OR INABILITY TO USE) OR DISTRIBUTION OF THE SITE, INCLUDING DAMAGES CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF OR USE OF ANY ASSET, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION, OR ANY CONTENT OBTAINED THROUGH USE OF THE SITE. THIS IS TRUE EVEN IF THE SPONSOR, ITS AFFILIATES OR THEIR RELATED PERSONS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

The Sponsor, its affiliates and their respective officers, directors, managers, partners, members, shareholders, employees, affiliates and agents (collectively “Related Persons”) make no representations or warranties and specifically disclaim any and all warranties of any kind, express or implied, with respect to the Site, including any representations or warranties with respect to merchantability, fitness for a particular purpose, title, non-infringement, availability, security, accuracy, freedom from viruses or malware, completeness, timeliness, functionality, reliability, sequencing or speed of delivery.

While we use reasonable efforts to obtain information from reliable sources, the Sponsor does not warrant that the information in this Site is accurate, reliable, complete or correct, or that this Site will be available at any particular time or location. Such information or materials are provided “as is” and “as available”.

Indemnification.

YOU AGREE TO INDEMNIFY, HOLD HARMLESS AND, AT THE SPONSOR’S OPTION, DEFEND THE SPONSOR FROM AND AGAINST ANY LOSSES, LIABILITIES, COSTS (INCLUDING REASONABLE ATTORNEYS’ FEES AND COSTS) OR DAMAGES RESULTING FROM YOUR USE OF THE SITE IN VIOLATION OF THE TERMS OF USE. YOU SHALL NOT SETTLE ANY CLAIM UNLESS SUCH SETTLEMENT COMPLETELY AND FOREVER RELEASES THE SPONSOR FROM ALL LIABILITY WITH RESPECT TO SUCH CLAIM OR UNLESS THE SPONSOR PROVIDES ITS PRIOR WRITTEN CONSENT TO SUCH SETTLEMENT, AND FURTHER PROVIDED THAT THE SPONSOR SHALL HAVE THE RIGHT, AT ITS OPTION, TO DEFEND ITSELF AGAINST ANY SUCH CLAIM OR TO PARTICIPATE IN THE DEFENSE THEREOF BY COUNSEL OF ITS OWN CHOICE.

Notice and Takedown Procedures; Copyright Agent.

The Sponsor respects the intellectual property rights of others. If you believe your copyright has been infringed by materials accessible on the Site, you may request removal of such materials from the Site by notifying our designated Copyright Agent by sending a notice containing the following information:

An electronic or physical signature of the copyright owner or a person authorized to act on the copyright owner’s behalf;

Identification and description of the copyrighted work that you believe to be infringed, including, if possible, a copy or location (for example, a URL) of an authorized version of the work;

Identification and description of the material you believe to be infringing such copyrighted work and its location or information reasonably sufficient to permit us to locate the material;

The name, address, telephone number, and, if available, email address at which the copyright owner or its authorized representative may be contacted;

A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;

A statement that the information in the notice is accurate, and under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner’s behalf.

Governing Law/Venue.

You agree that these Terms of Use and your use of this Site shall be governed in all respects by the laws of the State of New York. Any dispute relating to these Terms of Use or your use of this Site shall be resolved solely in the state or federal courts located in Manhattan, New York. You consent and submit to the personal jurisdiction of such courts for the purposes of any such dispute, controversy or claim and agree to waive trial by jury in any such dispute. If any provision of these Terms of Use is held to be unenforceable, such provision will be reformed only to the extent necessary to make it enforceable.